Pa. lawmakers to address 'unintended consequence' of non-sex offenders on Megan's Law registry

Jo Ciavaglia @JoCiavaglia

Friday

Jul 28, 2017 at 12:01 AMJul 28, 2017 at 6:00 AM

A Montgomery County senator is working to fix the state's Megan's Law to prevent people convicted of custody crimes with no sexual contact from being required to register as sex offenders.

The draft legislation was announced days after this news organization published results of its investigation that showed at least 34 Pennsylvania residents with no known record of sexual crimes are listed as sex offenders on the state's Megan's Law registry. They account for at least 75 percent of offenders on the registry for an interference with custody of children charge, a felony that carries an automatic 15-year registration obligation.

On Tuesday, Sen. Stewart Greenleaf, R-12, of Upper Moreland, cited this news organization's Sunday investigation piece in a memo seeking co-sponsors for his forthcoming bill to correct an “unintended consequence” of the state's 2011 update of the sex offender registration. That update brought the state into compliance with a federal law designed to create more unified sex offender registration requirements that encompassed more crimes, including non-sexual "offenses against children.”

The new law, which took effect in December 2012, added interference with custody of children to the list of offenses requiring registration; the only other state where the crime requires registration is Louisiana, but its law exempts parents of a victim child.

Pennsylvania has no parental exemption, though the original state Senate version of the bill adopting the Adam Walsh Act did, according to Greenleaf and Senate bill records. But the bill underwent extensive changes in the House and the exemption was removed from the version that received unanimous approval in the House and Senate.

The chief of staff for Dauphin County Republican Rep. Ronald Marsico, chairman of the House Judiciary Committee, who wrote and introduced the House amendments, said the changes were based on the advice of legal counsel and followed the federal law's guidelines.

But those guidelines do not mention interference with child custody as a crime requiring sex offender registration, according to the state Office of Sex Offender Monitoring, Apprehending, Registering and Tracking, which oversees compliance with the law. The law, however, allows states discretion to adopt tougher registration requirements and determine some exemptions.

In his sponsorship memo, Greenleaf noted that offenders convicted of interfering with child custody should continue to be held accountable for their crimes — to a point.

“Including these offenders on the sex offender registry, however, not only carries life-long consequences for the offender but also it dilutes the registry so that it is less clear about which offenders pose a real danger,” Greenleaf said.

At least one-quarter of the 34 registered sex offenders with no record of a sex crime, but a conviction for interference with custody of children, are noncustodial parents charged with violating a court order or otherwise improperly taking their own children, according to this news organization's investigation. Others were convicted of the charge for unrelated crimes such as stealing a car with a child inside it.

The Sunday story featured a 26-year-old Bethlehem woman who has been a registered sex offender since 2013, after she pleaded guilty to interference with custody of children in Delaware County.

Court records confirm Shaquana Green disappeared with her then-toddler-age daughter for fewer than three hours during what was supposed to be a weekly supervised visit. Green is a noncustodial parent. Her daughter's paternal grandmother is the legal guardian. The daughter was returned unharmed and court records mention no allegations of sexual contact.

Green, a single mom who now has a nearly 2-year-old son, recounted the hardships she has encountered as a registered sex offender, including rejections from potential landlords and employers, as well as social service programs involving children.

“It is really embarrassing. In the beginning, I didn't know how to come out and explain it or talk to people about it,” she said. “I would try and rehearse in front of the mirror so I wouldn't cry” when explaining the situation.

This news organization was unsuccessful in reaching Green for comment Wednesday, but previously she expressed frustration with lawmakers.

“They really need to see the effect of when you make a law. When it's not made right how it can impact lives, having a charge with something that is not associated with you is bizarre. It doesn't make sense,” she added. “I just pray the law does get changed.”

No details were available about how the bill would fix the law, including whether it would remove individuals like Green who are currently on the registry.

Sen. Tommy Tomlinson, R-6, of Bensalem, agrees the law has "unintended collateral consequences" — including the lack of a parental exemption to the interference with child custody provisions, his chief of staff, Travis Gery, said.

"He also agrees with Sen. Greenleaf that this matter should be addressed and corrected," Gery said, adding Tomlinson will support those efforts.

In a related development, the House Judiciary Committee also plans to investigate “this very issue” later this year, after House members brought it to the attention of the committee, according to Steve Miskin, the Office of the Majority Leader spokesman.

“In fact, the committee was already reviewing a number of topics under Megan's Law, including this (one) to update the law,” Miskin said.

A handful of local state representatives expressed tentative support for Greenleaf's efforts. They noted the intent of the Megan's Law registry was to protect the public from people convicted of sexual crimes.

“Clearly a change in the law is warranted,” Rep. Craig Staats, R-145, of Richland, wrote in an email. “The intent of Megan's Law is to protect children from sexual predators. Violations of custody orders and visitation are not sex crimes and, therefore, should not be included in the same statute.”

Rep. Katharine Watson, R-144, of Warrington, said she doesn't believe lawmakers intended to capture individuals with no history of sex crimes on a register that people commonly associate with sexual predators.

“I'm not thrilled with these people, but they don't belong on that list,” Watson said. “I don't think you punish people for something they didn't do.”

Bryan Allen, chief of staff for Rep. Tina Davis, D-141, said the Bristol Township lawmaker agrees that the situation doesn't appear to fit with the original intent of Megan's Law, and she has offered to work with Greenleaf in drafting legislation to correct it.

“She also believes this needs to be worked on very carefully as the Legislature does not want to inadvertently and seriously weaken kidnapping laws,” Allen added.

Rep. Bernie O'Neill, R-29, of Warminster, who served on the House Judiciary Committee in 2011, also agreed it appears the law has unintended consequences. But he is reserving judgment until he sees if Greenleaf's proposed legislation puts the state at risk for federal penalties. States found not in “substantial compliance” with the Adam Walsh Act face cuts in federal crime prevention funding.

O'Neill also noted the state sex offender monitoring office's guidelines listing the related crimes that fall under the federal law are more than 200 pages long.

“I believe it is a bit unfair to point a finger at the House as doing this when we were being forced via federal law to come into compliance, thus, both chambers and the governor became in agreement,” O'Neill added in an email response. “It is my understanding that there are many crimes/cases that most likely would be found to be unintended by so many.”

Rep. Frank Farry, R-142, of Langhorne, didn't recall noticing that the amended House bill included interference with custody of children, but that didn't surprise him. When lawmakers vote on amendments they get a copy of only the new wording. “Literally, you have to read (the two versions) side-by-side to see what the changes are,” Farry said.

Lawmakers need to be careful when looking to walk back anything in Megan's Law because they could be painted as soft on crime, Farry said. Still, he wants to take a deeper look into how the law can be fixed.

“This seems excessive and it's also misleading,” he said.

Representatives Gene DiGirolamo R-18, of Bensalem, John Galloway, D-140, of Falls, Thomas Murt, R-152, Upper Moreland, Marguerite Quinn, R-143, of Doylestown, Scott Petri, R-178, of New Hope, and Perry Warren, D-31, of Newtown, did not respond to emails or phone messages seeking comment on this issue. Senators Bob Mensch, R-24, of Marlborough, who serves as majority caucus chair on the Senate Leadership Committee, and Sen. Charles McIlhinney, R-10, of Plumstead, also did not respond to emails or phone messages.

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